The OECD Guidelines for Multinational Enterprises 经济合作与发展组织跨国企业准则 Ken Davies, Senior Economist OECD Investment Division China-OECD Seminar on Government Approaches to Corporate Social Responsibility 10th China International Fair for Investment and Trade Xiamen, China 9 September 2006

A global outreach OECD Member Countries Countries/Economies Engaged in Working Relationships with the OECD

Who adheres to the Guidelines? 39 countries have signed the Declaration on International Investment and Multinational Enterprises: OECD Member Countries (30) Australia, Austria, Belgium, Canada, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland, Turkey, the United Kingdom, the United States. Non-member signatories (9) Argentina, Brazil, Chile, Estonia, Israel, Latvia, Lithuania, Romania, Slovenia.

What are the Guidelines? Recommendations on responsible business conduct based on universally-shared values addressed by governments to multinational enterprises operating in or from the 39 adhering countries.

Why the OECD Guidelines? The Guidelines are the only multilaterally endorsed and comprehensive code that governments are committed to promoting. The Guidelines express the shared values of the governments that are the source of most of the world’s direct investment flows and home to most multinational enterprises. The Guidelines apply to business operations worldwide.

How do the Guidelines differ from laws? The Guidelines are not a substitute for applicable law. They represent standards of behaviour supplemental to applicable law, so they do not constitute conflicting requirements.

How are the Guidelines implemented? Adhering governments establish National Contact Points that promote the Guidelines and act as a forum for all matters relating to the Guidelines.

Guidelines Preface Preface : situates the Guidelines in a globalising world. The common aim of the governments adhering to the Guidelines is to encourage the positive contributions that multinational enterprises can make to economic, environmental and social progress and to minimise the difficulties to which their various operations may give rise.

Guidelines Concepts and Principles Concepts and Principles : sets out the principles which underlie the Guidelines, such as their voluntary character, their application world-wide and the fact that they reflect good practice for all enterprises.

Guidelines General Policies General Policies : contains the first specific recommendations, including provisions on human rights, sustainable development, supply chain responsibility, and local capacity building, and more generally calls on enterprises to take full account of established policies in the countries in which they operate.

Guidelines Disclosure Disclosure : recommends disclosure on all material matters regarding the enterprise such as its performance and ownership, and encourages communication in areas where reporting standards are still emerging such as social, environmental and risk reporting.

Guidelines Employment and Industrial Relations Employment and Industrial Relations : addresses major aspects of corporate behaviour in this area including child and forced labour, non-discrimination and the right to bona fide employee representation and constructive negotiations.

Guidelines Environment Environment : encourages enterprises to raise their performance in protecting the environment, including performance with respect to health and safety impacts. Features of this chapter include recommendations concerning environmental management systems and the desirability of precaution where there are threats of serious damage to the environment.

Guidelines Combating Bribery Combating Bribery : covers both public and private bribery and addresses passive and active corruption.

Guidelines Consumer Interests Consumer Interests : recommends that enterprises, when dealing with consumers, act in accordance with fair business, marketing and advertising practices, respect consumer privacy, and take all reasonable steps to ensure the safety and quality of goods or services provided.

Guidelines Science and Technology Science and Technology : aims to promote the diffusion by multinational enterprises of the fruits of research and development activities among the countries where they operate, thereby contributing to the innovative capacities of host countries.

Guidelines Competition Competition : emphasises the importance of an open and competitive business climate.

Guidelines Taxation Taxation : calls on enterprises to respect both the letter and spirit of tax laws and to co-operate with tax authorities.

What is the relevance of the Guidelines for China? Concepts and principles, applicable to all, multinational and domestic enterprises alike. Based on United Nations and universally-shared values and declarations. Chinese-owned enterprises operating in or from the territory of OECD Members and Declaration adherents are subject to the Guidelines. Other enterprises operating in or from the territory of OECD Members and Declaration adherents are subject to the Guidelines, including when they are operating in China. The Guidelines provide norms based on universally-shared values that the Chinese government may wish to consider in developing its own recommendations for responsible business conduct by China-based enterprises. China may at some stage wish to consider applying for adherence to the Declaration.

Questions Is the Chinese government formulating its own norms of responsible business conduct that it will encourage China-based enterprises to follow? Has the Chinese government considered any international instruments/standards/guidelines as possible models? If so, which ones? What is the Chinese government’s assessment of the appropriateness of the various international instruments/standards/guidelines for China?

Friendly URL: http://www.oecd.org/daf/investment/guidelines Thank you 谢谢大家 Email: kenneth.davies@oecd.org Friendly URL: http://www.oecd.org/daf/investment/guidelines